Cases - R v Beard
Record details
- Name
- R v Beard
- Date
- [1997]
- Citation
- 1 PLR 64
- Legislation
- Keywords
- Enforcement notice
- Summary
-
A gypsy was convicted of failing to comply with an enforcement notice on land that he owned. He appealed on the ground that he had a defence under section 179(3) of the Town and Country Planning Act 1990, in that he had searched for alternative accommodation without success and if forced to comply he would not be able to follow the traditional lifestyle of a gypsy. He also raised the matter of breach of Article 8 of the European Convention on Human Rights.
The Court of Appeal upheld the conviction. The defendant was physically capable of removing, or arranging the removal of, the hardstanding and caravans on the site. There was no conflict with the Convention, because the legitimate rights and expectations of gypsies are taken into account during the enforcement appeal process.